THEFT: chance of winning in small claims Wisconsin

[mamby101]

What is the name of your state (only U.S. law)? Wisconsin

I'll try to make this as short as possible. A strongly believe a friend of mine stole $3000 from me. I have no solid proof but my roommate caught her going through my room and right after that my money went missing. The money was hidden well, so she had to go through my things in order to find it. I filed a police report, but she denied it, of course. My roommate is also willing to testify on my behalf. This "friend" has a previous record and plead guilty on 3 separate occasions to theft. Her place of employment also suspects her of theft which I also have a copy of that report.

2 or 3 days prior to my money missing, she was telling me how she has no money and how broke she is. The day after my money goes missing she asks me to go shopping with her, and so I went. She was spending like there was no tomorrow! All of a sudden she has money to burn! Like I said - we were friends, so I knew her financial situation and it wouldn't have allowed for that kind of spending.

I know small claims doesn't have to be "beyond a reasonable doubt". It just has to be preponderance of the evidence . I have a lot of circumstantial evidence but what are my chances of winning in small claims?What is the name of your state (only U.S. law)?

This is how it went down:
My friend stayed over at my apartment the previous night. (we had gone out and she stayed on the sofa in the living room and I stayed in my bedroom) I had to go to work in the morning, so she stayed in my apartment alone. Anyway, my roommate came home unexpectedly and found my friend rummaging around in my room. My friend was startled to see my roommate. They said hi to each other but my friend was at a loss for words and began to stutter as she told my roommate her reason for going through my things. (she said she was looking for a pair of socks to wear because her feet were cold)

I came home from work and took my friend back to her place. After I came home is when my roommate told me that she caught my friend looking through my drawers and closet. I immediately checked for my hidden money and it was gone! NOBODY - not even my mom knew about the money. NO ONE DID. Someone would have had to snoop through my things in order to find it and my friend was caught snooping in my room. Coincidentally, my money went missing right after that.

 

[justalayman]

I have no solid proof but my roommate caught her going through my room and right after that my money went missing.

so, are you saying that after the incident where this person was caught your money was still there?

 

[Zigner]

I see at least TWO people who could have stolen the money (that nobody can prove existed in the first place.)

 

[mamby101]

PREPONDERANCE OF EVIDENCE PEOPLE! Haven't you ever heard of that?

Preponderance of the evidence, also known as balance of probabilities is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true.

 

[Zigner]

PREPONDERANCE OF EVIDENCE PEOPLE! Haven't you ever heard of that?

Preponderance of the evidence, also known as balance of probabilities is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true.

So, you are proposing that you have met the standard required when you say that you had $3,000 stashed away (but nobody in the world knew about it) and that there were at least two people with unfettered access to your room, but you know who stole the money (if it existed)?

Seriously, your case is no-where NEAR as strong as you seem to believe.

 

[latigo]

I respectfully disagree that no one can prove that the cash hoard ever existed and that it was your money. You certainly are competent to testify that the money did in fact exist and where it was stowed away immediately before this scumbag was caught rifling your room! Neither of which she is in a position to disprove.

Plus she was shortly thereafter seen plush with unexplained spending money.

If you have a witness that will testify to finding her plundering through the drawer where the money was kept, then I say take her to small claims. If you don’t, the incident will just eat away at you.

It’s not a sure bet by any stretch, but what have you got to lose but a few bucks in filing fees?

And there is a good chance that she will not have the nerve to even show up in court.

 

[BOR]

latigo, why, if she believed the person took the money, did she go shopping with her the next day, as if nothing happened, is my Q?

 

[justalayman]

PREPONDERANCE OF EVIDENCE PEOPLE! Haven't you ever heard of that?

Preponderance of the evidence, also known as balance of probabilities is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true.

ya, and all it takes for the alleged criminal to shoot your theory is a reasonable justification to why they have a new found stash of cash that doesn't involve taking your money.


For all you know, the other friend might have taken all of your money and given this suspect a share of it for some reason, like maybe to throw you off the real thief's track.

.

Her place of employment also suspects her of theft which I also have a copy of that report.

Oh well. That is not going to get into court.

 

[justalayman]

latigo, why, if she believed the person took the money, did she go shopping with her the next day, as if nothing happened, is my Q?

and especially without inquiring where the new found money came from. After all, the OP does claim to be quite aware of the suspects financial situation. It would only be reasonable to wonder where all the money came from.

after all, the OP did say this:

! Like I said - we were friends, so I knew her financial situation and it wouldn't have allowed for that kind of spending.

I know if one of my broke friends invited me shopping and had a lot of money, I surely would be curious enough to ask about it.

 

[mamby101]

Thank you latigo. That's all I was asking. And yes, I DO have a witness that is willing to testify that she caught her rummaging through my room.

The rest of you...I'm not impressed with your knowledge - or lack thereof.

 

[justalayman]

you be sure to come on back and let us know how this turns out. Of course you won't mind providing the court and case number so we can verify your claim of prevailing.

 

[Zigner]

Thank you latigo. That's all I was asking. And yes, I DO have a witness that is willing to testify that she caught her rummaging through my room.

The rest of you...I'm not impressed with your knowledge - or lack thereof.

I'm sorry, I misunderstood the reason for your post. I thought you were here to find out your chance at winning in small claims court. Currently, among the regular posters, you only have a 25% chance. That means that you have fallen far short of the level of proof that is required even in small claims court.

Of course, that's NOT why you came here. You came here for cheerleaders.

RAH RAH SHISH BOOM BAH...GOOOOO MAMBY!!!!!!!

 

[BOR]

Thank you latigo. That's all I was asking. And yes, I DO have a witness that is willing to testify that she caught her rummaging through my room.

The rest of you...I'm not impressed with your knowledge - or lack thereof.

You speak of the "burden of proof", Answer me this, if you sue, and either the court or the defendant asks you why you went shopping with a person who stole 3 grand from you, what would you answer?

You bring up the "credibilty" of the alleged thief. IF you answer that question I posed, if asked in court with a collateral answer, could be your credibility will be at issue??